MediaLawLetter February 2013

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LIBEL & PRIVACY

Fla. Cir.: Jury Returns Defense Verdict In Radio Shock Jock Trial
Insults Were Not Actual Statements of Fact
Schnitt v. Clem

Va. Cir.: Jury Awards $17,000 to Veteran Accused of Lying About Service Medals
Private Figure Plaintiff Sued WTKR Over News Report
Gsell v. Local TV Virginia, LLC

S.D. Fla.: Court Grants Default Libel Judgment With Broad Speech Injunction
Order Bans Paper From Publishing Anything About Plaintiffs
Baker v. Haite-Observateur

Minnesota Supreme Court Holds Online Speaker Entitled to Summary Judgment
Another Case for the “Tool” Kit
McKee v. Laurion

Wash. App.: Court Affirms Dismissal of Libel Claim Against Seattle TV Station
Allegedly False Statements Did Not Change Broadcasts’ Gist
U.S. Mission Corp. v. KIRO TV, Inc.

E.D.N.Y.: Lindsey Lohan Lawsuit Against Rapper Pit Bull Dismissed
Song Protected by First Amendment; Use Was Incidental
Lohan v. Perez aka “Pitbull”

Vermont Federal Court Applies Anti-SLAPP Law to Strike Complaint
Statute Applies in Federal Court
Haywood v. St. Michael’s College

11th Cir.: No Personal Jurisdiction Over Colombian Newspaper Sued in Georgia for Libel
Served Ads on Website Insufficient to Exert Jurisdiction
Henriquez v. El Pais

N.H.: Reporting That Prisoner “Testified Against” an Associate Not Defamatory
But Court Remands for Consideration of Negligent Publication Claim
Sanguedolce v. Wolfe

Illinois Appeals Court  Protects Identify of Yelp! Reviewer
Negative Review of Plaintiff Was Opinion; Court Denies Pre-suit Disclosure
Brompton Building, LLC v. Yelp!

Wisc. App.: Law Firm Loses Privacy Suit Over Key Word Advertising
Plaintiff Sued Competitor for Misappropriation / Right of Publicity for Buying its Name
Harbush v.Cannon & Dunphy

NEWSGATHERING

The Paparazzi & The First Amendment
“Steven Tyler Act” Moves Ahead in Hawaii
S.B. 465

INTELLECTUAL PROPERTY

Seventh Circuit Addresses Trademark Confusion Arising From Movie Title
Court Avoids Relying on Rogers Test; Focuses on Absence of Actual Confusion
Eastland Music Grp., LLC v. Lionsgate Entm’t, Inc.

INTERNATIONAL

The Other Side of the Pond: Developments in UK and European Media Law
The Defamation Bill and Leveson, Contempt of Court and Archives, Liability of ISPs and More

ETHICS

Media Lawyers Under the Spotlight
The Leveson Report and Media Lawyers